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Which of the following options correctly states the composition of a Disciplinary Committee of a Bar Council as prescribed under Section 9(1) of the Advocates Act, 1961 ?

  • A.Five members - three elected by the Council and two co-opted senior advocates from outside the Council.
  • B.Five members - all co-opted from advocates having not less than ten years' standing at the Bar.
  • C.Three members - two elected from the Council's membership and one co-opted advocate possessing the prescribed qualifications, who is not a member of the Council.
  • D.Three members - all elected by the Council, with the most junior member serving as Chairman.

Answer: C

The committee has three members: two elected from the Council's membership and one co-opted advocate with the prescribed qualifications who is not a member of the Council.

Section 9(1) of the Advocates Act, 1961 requires a Bar Council to constitute one or more disciplinary committees, each of three persons, of whom two are elected by the Council from amongst its members and the third is co-opted by the Council from advocates who possess the qualifications in the proviso to Section 3(2) and are not members of the Council. Under Section 9(2), the senior-most advocate among them is the Chairman.

The five-member options misstate the size, and 'the most junior member serving as Chairman' reverses the rule.

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